James Bradford in High Court Application to Strike Out/ Summary Judgment in $2.7 Million Claim with Disputed Issues of Fact

On 2 August 2022, the London Circuit Commercial Court (QBD) gave judgment in Gian Angelo Perrucci v Orlean Invest Holding Ltd [2022] EWHC 2038 (Comm) which concerned two applications made by the Claimant and the Defendant respectively. The Claimant sought summary judgment/to strike out the entirety of the Defendant's pleaded Defence and the Defendant applied to amend its Defence to introduce a new allegation of breach.

In summary, the facts of the underlying dispute concerned a consultancy services agreement entered into between the parties. The central terms of the agreement had been negotiated and agreed during a meeting between the Claimant and the CEO of the Defendant in Milan, Italy. The Defendant pleaded that certain conditions had been orally agreed (and later breached by the Claimant) during this meeting, allegations which were denied.

Although the Court refused the application to amend and struck out certain passages of the Defence whilst dealing with some discrete issues of contractual construction, the Defendant otherwise successfully defended the application to strike out/summary judgment. The Court noted (amongst other things) that the 'questions of what was spoken between Mr Perrucci and [the CEO of Orlean] … and whether it was intended to have contractual effect are questions of fact' (per HHJ Keyser QC at [33]).

James Bradford was led by Andrew Holden (XXIV Old Buildings Chambers) and was instructed by Grimaldi Studio Legale LLP to act on behalf of the Defendant. For a link to the judgment click here.